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SPECIAL PROCCEDINGS

This is a remedy by which a party seeks to establish a status, a right, or a particular fact (Rule 1, Sec 3c)

RULE 72

SUBJECT MATTER AND APPLICABILITY OF RULES

SUBJECT MATTER OF SPECIAL PROCEEDINGS

a. Settlement of estate of deceased persons;

b. Escheat;

c. Guardianship and custody of children;

d. Trustees;

e. Adoption;

f. Rescission and revocation of adoption;

g. Hospitalization of insane persons;

h. Habeas corpus;

i. Change of name;

j. Voluntary dissolutio n of corporations;

k. Judicial approval of voluntary recognition of minor natural children;

l. Constitution of family home;

m. Declaration of absence and death;

n. Cancellation or correction of entries in the civil registry.

OTHER SPECIAL PROCEEDINGS

a. Liquidation proceedings

b. Intra corporate controversies

c. Corporate rehabilitation

d. Recognition and enforcement of arbitration proceedings

e. Vacation, setting aside, correction or any modification of arbitral award

f. Any application with a court for arbitration assistance and supervision

ACTION

SPECIAL PROCEEDINGS

To protect or enforce a right, or to prevent or redress a wrong

To establish a status, right or a particular fact

Initiated by complaint

Initiated by petition

Definite parties

Definite petitioner, no definite adverse party

Answer is filed

Opposition is filed

Handled by court of general jurisdiction

Heard by court of limited jurisdiction

Adversarial

Not adversarial

Statute of Limitations applies

No statute of limitations

 

To protect or enforce a right, or to prevent or redress a wrong

15-day appeal period

30-day appeal period

QUITORIANO, CARL VINCENT D. Bachelor of Laws II

Special Proceedings, (M&5:30-7:30 pm) Prosecutor Elizabeth Garcia Bringas, JD

JURISDICTION AND VENUE

a. Settlement of estate of deceased persons

RTC Gross value of the estate exceeds Php. 300, 000 400, 000

MTC - Gross value of the estate does not exceed Php. 300, 000 400, 000

o

If reside nt of the place place where the deceased resided at the time of death

o

If non-resident of the place place where the deceased had estate

DIFFERENT MODES OF SETTLEMENT OF ESTATE OF DECEASED PERSON

1.

Extrajudicial Settlement of Estate (Rule 74, Section 1)

2.

Summary of Settlement of Estate of Small Value

3.

Partition (Rule 69)

4.

Probate of Will (Rule 75 79)

5.

Petition for Letters of Administration in case of intestacy

b.

Escheat

 

Ordinary Escheat proceedings: RTC

 

o

If resident place where deceased last resided

o

If non resident - place where he had estate

 

Reversion of Land to State for violation of Constitution/Laws: RTC where the

 

land lies in whole or in part

 

Unclaimed deposits (10 years): RTC of province where bank is located

 

o

All banks located in one province where the court is located may be made parties defendant in 1 a ction.

c.

Guardianship and custody of children

If resident place where minor/incompetent resides

If non-resident - place where minor/incompetent has property

d.

Trustees

 

RTC Gross value of the estate exceeds Php. 300, 000 400, 000

MTC - Gross value of the estate does exceed Php. 300, 000 400, 000

 

a.

If will allowed in the Philippines court where will was allowed

b. If will allowed outside the Philippines court in place where the property is situated

e.

Adoption: Regional Trial Court

If domestic adoption place where adopter resides

If inter country adoption court who has jurisdiction over the adoptee

f.

Rescission and revocation of adoption: Regional Trial Court

g.

Hospitalization of insane persons: Regional Trial Court in place where the person alleged to be insane is found

QUITORIANO, CARL VINCENT D. Bachelor of Laws II

Special Proceedings, (M&5:30-7:30 pm) Prosecutor Elizabeth Garcia Bringas, JD

h. Habeas corpus

Supreme Court (Original, concurrent with RTC)

Court of Appeals (Original, concurrent with RTC)

RTC (Within its respective regions)

MTC (In the absence of RTC judges in the province/city)

i. Change of name

Judicial (Rules of Court): RTC in place where petitioner resides

Administrative (RA 9048):

o

Civil Registrar where entry is located or if applicant migrated:

Civil

Registrar in place where he resides

o

Consul General: If applicant resides abroad

j. Voluntary dissolution of corporations :

k. Constitution of family home : Under the Family Code, it is deemed constituted on a house and lot from the time it is occupied as a family residence

Security and Exchange Commission

l. Declaration of absence and death: RTC in place where the absentee resided before his disappearance

PRESUMPTION OF DEATH

Absence of seven (7) years But for succession absence of 10 years If missing 25 years old or older 5 years

PRESUMTIONS

On board vessel or plane missing for 4 years

Person in the armed forces taken part in war and missing for 4 years

Person who has been in danger of death under other circumstances and his existence has not been known in four years.

m. Cancellation or correction o f entries in the civil registry

Judicial (Rules of Court): RTC in place where the civil registry is located

Administrative (RA 9048):

a. Civil Registrar where entry is located or if applicant migrated: Civil Registrar in place where he resides

b. Consul General: If applicant resides abroad

QUITORIANO, CARL VINCENT D. Bachelor of Laws II

Special Proceedings, (M&5:30-7:30 pm) Prosecutor Elizabeth Garcia Bringas, JD

RULE 73 VENUE AND PROCESS

According to Circular no. 21 99 (15 April 1999), the new jurisdictional amounts as adjudged under RA 7691 will be as follows:

File in RTC

 

Before 14 April

14

April 1999 31

Beginning Year

1999

December 2003

2004

In Metro Manila

>Php. 200, 000

>Php. 400, 000

>Php. 400, 000

Outside Metro

>Php. 100, 000

>Php. 200, 000

>Php. 300, 000

Manila

File in MTC

 

Before 14 April

14

April 1999 31

Beginning Year

1999

December 2003

2004

In Metro Manila

<Php. 200, 000

<Php. 400, 000

<Php. 400, 000

Outside Metro

<Php. 100, 000

>Php. 200, 000

>Php. 300, 000

Manila

NOTE: MTC jurisdiction is exclusive of interest, damages of whatever kind, attorneys fees, litigation expenses and costs

RESIDENCE This means his personal actual, or physical habitation, his actual residence or place of abode (Fule vs CA, L 40502 29 November 1976)

RULE 74 SUMMARY SETTLEMENT OF ESTATES

GENERAL RULE When a person dies, his estate is submitted to a judicial settlement proceeding

EXCEPTION When estate need not be judicially administered through an administrator or executor:

a. Extrajudicial settlement

b. Summary of settlement of estate of small value (not exceeding Php. 10, 000)

EXTRAJUDICIAL SETTLEMENT

a. Does not require court intervention

b. Value of estate is immaterial

c. Allowed only in intestate succession

d. Proper only where there are no outstanding debts of the estate at the time of settlement

e. Can be resorted to only at the instance and by agreement of all heirs (If heirs do not agree, they may resort to an action for partition)

QUITORIANO, CARL VINCENT D. Bachelor of Laws II

Special Proceedings, (M&5:30-7:30 pm) Prosecutor Elizabeth Garcia Bringas, JD

REQUISITES OF A VALID EXTRAJUDICIAL SETTLEMENT

Substantive:

a. Decedent dies intestate

b. No outstanding debts of the estate at the time of settlement

c. Heirs are all of age or the minors are represented by their judicial guardians or legal representatives

Procedural:

a. Settlement is made in a public instrument duly filed with the register of deeds or by a n affidavit of adjudication in the case of a sole heir

b. Filed with the register of deeds

c. Fact of settlement must be published in a newspap er of general circulation once a week for 3 consecutive weeks

d. Bond filed equivalent to the value of the personal property

WHEN BOND FILED IS REQUIRED? Bond filed is required only when personal property is involved. If real, it is subject to a lien in favor of creditor for full period of 2 years from such distribution and such lien cannot be substituted by a bond.

IS A PUBLIC INSTRUMENT NECESSARY FOR VALIDITY? No. Private instrument/document or oral agreement of the partition is valid among the heirs who participated in the EJS. The requirement in Rule 74, Section 1 that it must be in public instrument is NOT constitutive of the validity but is merely evidentiary.

DEBT:

While the Rule provide that the decedent must not have left any debts, it is insufficient if any debts he may have left have been paid at the time of EJS.

SUMMARY OF SETTELENT OF ESTATES WITH SMALL VALUE

a. Involves judicial adjudication in a summary proceeding

b. Applies only when gross estate does not exceed Php. 10, 000 (amount is jurisdictional)

c. Allowed in b oth testate an intestate estates

d. Available even if there are debts as the court will make provisions for the payment thereof.

2 YEAR LIEN, REQUISITES:

a. Persons have taken part or have notice of extrajudicial partition

b. Compliance with the provisions of Rule 74, Section 1

REMEDIES OF AGGRIEVED PARTIES AFTER SETTLEMENT OF ESTATE

a. Within 2 years claim against the bond or the real estate

b. Rescission in case of preterition of compulsory heir in partition tainted with bad faith (NCC Art. 1104)

c. Reconveyance of real property

d. Action to annul deed of EJS on the ground of fraud which should be filed within 4 years from discovery.

An heir deprive of his share, may file an action for reconveyance based on implied or constructive trust which describes in 10 years

QUITORIANO, CARL VINCENT D. Bachelor of Laws II

Special Proceedings, (M&5:30-7:30 pm) Prosecutor Elizabeth Garcia Bringas, JD

If on date of the expiration of the 2 year period, the creditor or heir is:

a. Minor or incapacitated

b. In prison

c. Outside the Philippines

RULE 75 PRODUCTION OF WILL ALLOWANCE OF WILL NECESSARY

PROBATE OF WILL It is a juridical act whereby an instrument is adjudged valid and is ordered to be recorded. No will shall pass property unless probated.

CUSTODIAN He is a person chosen in advance and entrusted with the custody of the will. It does not refer to a mere possessor of the will.

He must deliver the will to the court or to the executor within 20 days after he learns of the death of the testator (Rule 75, Section 2)

NATURE OF PROBATE PROCEEDINGS

a. In rem jurisdiction of the court over the property

b. Mandatory

c. Imprescriptible

d. Estoppel does not apply

RULE 76 ALLOWANCE OR DISALLOWANCE OF WILL

WHO MAY PETITION FOR THE ALLOWANCE OF THE WILL

a. Any creditor as preparatory step for filing his claim therein

b. Devisee or legatee

c. Persons interested in the estate (heirs)

d. Executor

e. Testator himself during the lifetime

WHO MAY BE A PARTY IN A PROBATE? Generally, any person having a direct and material interest in the will or estate.

JURISDICTIONAL FACTS ALLEGED IN PETITION FOR PROBATE

a. Person died leaving a will

b. In case of a resident, that he resided within the territorial jurisdiction of the court (in case of non- resident, that he left an estate within such territorial jurisdiction)

QUITORIANO, CARL VINCENT D. Bachelor of Laws II

Special Proceedings, (M&5:30-7:30 pm) Prosecutor Elizabeth Garcia Bringas, JD

DIFFERENCE BETWEEN PETITION FOR PROBATE FILED BY THE THRID PERSONS AND BY THE TESTATOR HIMSELF

Filed by the third person

Filed by testator himself

Notice published once a week for 3 consecutive weeks

Newspaper publication not required

Personal notice given to designated/known heirs, legatees and devisees

Personal notice sent only to testators compulsory heirs

CONTENTS OF PETITION FOR PROBATE

a. Jurisdictional facts

b. Names ages and residences of heirs, legatees, and devisees

c. Probable value and character of property of estate

d. Name of person for whom letters are prayed and

e. If will has not been delivered to the court, the name of the person having custody of it.

But no defect in the petition shall render void the allowance of the will or the issuance of the letters testamentary or of administration with the will annexed.

When does court acquire jurisdiction? Upon PUBLICATION for 3 weeks successively of the order setting the case for hearing and sending of NOTICES (20 days before hearing by mail, 10 days before by personal notice) to all persons interested.

EVIDENCE IN SUPPORT OF PROBATE OF UNCONTESTED WILL

a. NOTARIAL WILLS testimony of at least 1 of the subscribing witness, deposition allowed if witnesses outside the Province (Section 7)

b. HOLOGRAPHIC WILLS testimony of 1 witness who knows the handwriting and signature of the testator. In the absence thereof, testimony of an expert witness.

HOW WILL IS PROVEN AS LOST OR DESTOYED

a. Proved that will:

Was in existence at the time of testator s death OR

Was fraudulently or accidentally destroyed in testators lifetime without his knowledge

b. Provisions of will must be clearly and distinctly proven by atleast 2 credible witness.

GROUNDS FOR DISALLOWING WILL

a. Not executed and attested as required by law

b. Testator was mentally incapacitated to make a will or insane at the time of execution

c. Executed under duress, influence of fear or threats

d. Procured by undue and improper influence and pressure on the part of the beneficiary or of some other person for his or her benefit

e. Signature of the testator was procured by fraud/trick and he/she did not intend

instrument to be will.

GENERAL RULE: HOLOGRAPHIC WILL If destroyed, cannot be probated.

QUITORIANO, CARL VINCENT D. Bachelor of Laws II

Special Proceedings, (M&5:30-7:30 pm) Prosecutor Elizabeth Garcia Bringas, JD

EXCEPTION If there exists a photostatic or Xerox copy thereof (Gan vs Yap, 104 Phil 509)

EVIDENCE IN SUPPORT OF PROBATE OF CONTESTED WILL

a. NOTARIAL WILLS all subscribing witnesses and notary public before whom the

will is acknowledged.

testimony of other witnesses and from all the evidence presented that the will was

executed and attested in the manner required by law EVEN IF any of the witnesses testify against, do not remember or of doubtful credibility.

from the

Will may still be allowed

if the

Court is satisfied

b. HOLOGRAPHIC WILLS testimony of 3 witnesses who knows the handwriting and signature of the testator. In the absence thereof, testimony of an expert witness.

QUITORIANO, CARL VINCENT D. Bachelor of Laws II

Special Proceedings, (M&5:30-7:30 pm) Prosecutor Elizabeth Garcia Bringas, JD